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CHESTERMERE · TN FIELD GUIDE

Can an applicant with an equity option still ask for a TN assessment?

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THE DIRECT ANSWER

Yes, but the actual employment and ownership arrangements must be reviewed. The option does not itself decide eligibility, and the listed profession, credentials and citizenship conditions remain.

Present both versions of the proposal

Explain the job before exercise of the option and the arrangement afterward. Identify any decision rights that would change. Ask counsel to assess the U.S. self-employment issue using the real entity and control facts rather than relying only on a share percentage. Do not hide the option or use a different company description in separate documents.

At every extension, and in substance at every re-entry, the question is whether the person before the officer is a citizen of Canada or Mexico engaged in prearranged professional work in a listed profession, holding whatever that profession's rule requires. The job comes second, because the position must correspond to a profession named in the USMCA professional appendix; an inventive job title on an offer letter settles nothing until the duties are matched against a listed occupation. Where biology is clearly the core and the adjacent work supports it, the match is easier to present; where biology is a minority function inside a primarily different discipline, the position may not fit the category however strong the applicant's background.